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D tossed a Molotov cocktail through a window into a home in Fort Wayne, Indiana, owned and occupied by his cousin. No one was injured but the blaze severely damaged the home. D was indicted by a federal grand jury for arson under 18 U.S.C. § 844(i) (1994 ed., Supp. IV). D was convicted. D was sentenced to a total prison term of 35 years, to be followed by five years of supervised release. The court also ordered D to pay $77,396.87 to the insurer of the damaged home as restitution. D appealed. At trial and on appeal D claimed that the arson of a private residence exceeds the authority vested in Congress under the Commerce Clause of the Constitution, Art. I, § 8, cl. 3. No business activity was conducted from the home as was required for the federal arson statute. P argued before both courts that receiving a mortgage, insurance, and natural gas from interstate sources were activities affecting interstate commerce. The appeals court affirmed and the Supreme Court granted certiorari.

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